The New York Code of Civil Procedure, Containing All Amendments to July 1, 1895, with Notes of Decisions to Date
H.B. Parsons, 1895 - 1471 страница
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action affidavit am'd Amended appeal application appointed arrest attachment attend attorney authorized awarded Bank Barb brought cause certified chattel claim clerk commenced commissioner complaint copy corporation costs creditor damages debtor defendant delivered deposit designated direct discharge duties effect entered entitled evidence examination execution fact filed final judgment given granted held interest issued Johns judge judgment jurors jury justice last section liable maintained manner Matter ment motion necessary notice otherwise paid Paige party payment person petition plaintiff possession powers prescribed prisoner Proc proceedings proceeds proof proper provisions real property reason receiver record recover referee relating rendered resident respect served sheriff Smith special proceeding specified supreme court surrogate taken term therein thereof thereto thereupon tion trial undertaking unless warrant Wend writ
Страница 468 - ... in the sum not less than two hundred dollars and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment...
Страница 110 - An action is commenced against a defendant, within the meaning of any provision of this act, which limits the time for commencing an action, when the summons is served on him ; or on a co-defendant who is a joint contractor, or otherwise united in interest with him.
Страница 201 - If there was such proof, whether there was, upon all the evidence, such a preponderance of proof, against the existence of any of those facts, that the verdict of a jury, affirming the existence thereof, rendered in an action, in the supreme court, triable by a jury, would be set aside by the court, as against the weight of evidence.
Страница 116 - The damages awarded to the plaintiff may be such a sum as the jury upon a writ of inquiry, or upon a trial, or, where issues of fact are tried without a jury, the court or the referee, deems to be a fair and just compensation for the pecuniary injuries, resulting from the decedent's death, to the person or persons, for whose benefit the action is brought.
Страница 26 - By himself, or by or in the name of another person, either before or after action brought, promise or give, or procure to be promised or given, a valuable consideration to any person, as an inducement to placing, or in consideration of having placed, in his hands, or in the hands of another person, a demand of any kind, for the purpose of bringing an action thereon, or of representing the claimant in the pursuit of any civil remedy for the recovery thereof.
Страница 412 - Enforcement of judgment without execution. In 1 mi- either of the following cases a judgment may be enforced by serving a certified copy thereof upon the party against whom it is rendered, or the officer or person who is required...
Страница 196 - Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life ; or 4.
Страница 63 - Except where the judgment is of death, appeals may be taken as of right, to said court only from judgments or orders entered upon decisions of the Appellate Division of the Supreme Court, finally determining actions or special proceedings, and from orders granting new trials on exceptions, where the appellants stipulate that upon affirmance judgment absolute shall be rendered against them.
Страница 198 - ... if the defendant recovers judgment, or if the warrant is vacated, the plaintiff will pay all costs, which may be awarded to the defendant, and all damages, which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking, which must be at least two hundred and fifty dollars.
Страница 74 - From and .after the last day of December, one thousand eight hundred and ninety-five, the Appellate Division shall have the jurisdiction now exercised by the Supreme Court at its General Terms, and by the General Terms of the Court of Common Pleas for the City and County of New York, the Superior Court of the City of New York, the Superior Court of Buffalo and the City Court of Brooklyn, and such additional jurisdiction as may be conferred by the Legislature.